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(영문) 의정부지방법원 2020.07.09 2019나208251

약정금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

A. On June 5, 2018, the Defendant prepared and awarded to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”).

The amount of a written note of payment: Pursuant to the following, upon September 30, 2018, the date of interim payment: In the interim payment on September 30, 2018, the principal promises on July 30, 2018 to comply with the amount not paid in the course of transactions with the Plaintiff:

The above amount shall be paid by the due date.

Where the payment is not made by the due date, overdue interest (25 percent per annum) shall be paid additionally from the profit to the date of full payment.

June 5, 2018: The defendant

B. The Defendant paid C KRW 73.2 million on June 9, 2018, and KRW 100 million on June 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 180,000,000 and damages for delay as stipulated in the letter of payment in this case.

B. 1) The Defendant asserted that this case’s statement was prepared by the strong pressure of C, and the Defendant was a person engaged in the construction of hospital medical facilities and became aware of the Plaintiff through C. As to the construction of D Hospital medical facilities and equipment, the Defendant was supplied with the Plaintiff with the ionthrosis, etc.

However, C threatened the Plaintiff with the payment of the construction cost, and the Defendant, from May 12, 2017 to May 23, 2018, made the instant payment note to the effect that: (a) even though C had paid the Plaintiff the total amount of KRW 201,60,000, which was already paid to the Plaintiff, the Plaintiff was forced to prepare the instant payment note.

Therefore, since the instant payment rejection should be null and void or cancelled, it cannot respond to the Plaintiff’s request based thereon.

B. According to the statement in Eul evidence No. 2, C.